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THIRD AMENDMENT TO <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND <br /> IRON MOUNTAIN OFF-SITE DATA PROTECTION <br /> (formerly Arcus Data Security) <br /> <br />A-2003-259 <br /> <br /> THIS THIRD AMENDMENT, made and entered into this 19th day of November 2003, by and between <br />Iron Mountain Off-Site Data Protection ("Consultant') and the City of Santa Ana, a charter city and <br />municipal corporation duly organized and existing under the Constitution and laws of the State of <br />Califomia ("City"), collectively referred to herein as "the Parties". <br /> <br />RE£II~,LS <br /> <br />A. The Parties entered into that certain agreement entitled "Consultant Agreement" dated April of <br /> 2000, hereinafter referred to as "said Agreement", for providing off-site data storage related <br /> services <br />B. The Parties hereto now desire to amend the Compensation, Term and Scope of Service sections <br /> of said Agreement in order to in order to provide continuous uninterrupted service under the <br /> Agreement. <br /> <br /> WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter <br />contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, <br />the parties hereto do hereby agree as follows: <br /> <br />1. Section 2, of said Agreement, pertaining to "Compensation" term of said Agreement <br /> is hereby amended to reflect an increase in compensation of an amount not to <br /> exceed $17,000 due to an unexpected increase in the City's need for the <br /> Consultant's services under said Agreement. <br />2. Section 3, of said Agreement, pertaining to Term of said Agreement is hereby <br /> amended to change the termination date of November 30 2003 to November 30 <br /> 2004, in order to provide necessary continuous uninterrupted service to the Agency. <br />3. Except as hereinabove modified, the terms and conditions of said Agreement remain <br /> unchanged and in full force and effect. <br /> <br /> 1N WITNESS <br />date and year first above written. <br /> <br /> PATRICIA E. HEALY ' <br /> Clerk of the Council <br /> <br />WHEREOF, the parties hereto have executed this Amendment to said Agreement the <br /> CITY OF SANTA A3/~J ~. <br /> <br /> DAVID N. REAM <br /> City Manager <br /> <br />APPROVED AS TO FORM: <br /> <br />JOSEPH W. FLETCHER <br /> <br />Michael X~iglfo~ta - <br />Deputy City Attorney <br /> <br />(signatures continued on next page) <br /> <br /> <br />